Cheviot HRC 6 March 2011 – R 1
ID: JCA12466
Meet Title:
Cheviot HRC - 6 March 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
PRosanowski
Race Date:
2011/03/06
Race Number:
R1
Decision:
The charge was found to be proved.
Penalty:
Accordingly Mr Thompson’s Open Horseman’s Licence was suspended from after the completion of racing today, the 3 March 2011, until after the completion of racing on 10 March 2011, which is effectively a one day suspension. The day is the Forbury Park meeting at Dunedin on 10 March 2011. In addition Mr Thompson was fined the sum of $200-00.
Charge:
Alleging a breach of Rule 869(2)(a)
Facts:
Following the running of Race 1, the Cheviot Businesses Trot, an Information was filed by Stipendiary Steward Mr S. W. Wallis against Open Horseman Mr S. J. Thompson alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that Mr Thompson used his whip on approximately 20 occasions throughout the run home which Stewards deem to be excessive.”
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Submissions for Decision:
Mr Thompson had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Wallis gave evidence and used video coverage to show that Mr Thompson had used his whip on 20 occasions in the run home, and that his use of the whip was almost continuous.
Reasons for Decision:
As Mr Thompson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Wallis advised that Mr Thompson had a previous conviction under this Rule on 28 November 2011 at Motukarara.
Mr Thompson asked if he could be given a penalty which would allow him to drive at the West Coast race meetings which were on the 11 and 13 March 2011. He also said that he was working with his employer to try and overcome problems he was having with his whip action.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
We were satisfied that an appropriate starting point for a penalty for a beach of this Rule is a fine of $250-00 or a 1 weeks suspension, where the charge is admitted, and there are no aggravating features. In this case the aggravating feature is the previous conviction, and the mitigating features are Mr Thompson’s admission of the breach, and his recognition that he has work to do to correct his whip action.
We were satisfied that an appropriate penalty in this case was a fine of $300-00 or a three day suspension. We decided that Mr Thompson would be given a one day suspension and a $200-00 fine.
On resuming the hearing we advised the parties of our decision.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 5f6edc0c0416fbd4651c4549bbb8cc68
informantnumber: 69143
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/02/2011
hearing_title: Cheviot HRC 6 March 2011 - R 1
charge:
Alleging a breach of Rule 869(2)(a)
facts:
Following the running of Race 1, the Cheviot Businesses Trot, an Information was filed by Stipendiary Steward Mr S. W. Wallis against Open Horseman Mr S. J. Thompson alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that Mr Thompson used his whip on approximately 20 occasions throughout the run home which Stewards deem to be excessive.”
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Thompson had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Wallis gave evidence and used video coverage to show that Mr Thompson had used his whip on 20 occasions in the run home, and that his use of the whip was almost continuous.
reasonsfordecision:
As Mr Thompson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Wallis advised that Mr Thompson had a previous conviction under this Rule on 28 November 2011 at Motukarara.
Mr Thompson asked if he could be given a penalty which would allow him to drive at the West Coast race meetings which were on the 11 and 13 March 2011. He also said that he was working with his employer to try and overcome problems he was having with his whip action.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
We were satisfied that an appropriate starting point for a penalty for a beach of this Rule is a fine of $250-00 or a 1 weeks suspension, where the charge is admitted, and there are no aggravating features. In this case the aggravating feature is the previous conviction, and the mitigating features are Mr Thompson’s admission of the breach, and his recognition that he has work to do to correct his whip action.
We were satisfied that an appropriate penalty in this case was a fine of $300-00 or a three day suspension. We decided that Mr Thompson would be given a one day suspension and a $200-00 fine.
On resuming the hearing we advised the parties of our decision.
penalty:
Accordingly Mr Thompson’s Open Horseman’s Licence was suspended from after the completion of racing today, the 3 March 2011, until after the completion of racing on 10 March 2011, which is effectively a one day suspension. The day is the Forbury Park meeting at Dunedin on 10 March 2011. In addition Mr Thompson was fined the sum of $200-00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S. Wallis - Stipendiary Steward
JockeysandTrainer: Mr S. Thompson
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 98ee228d8af3cd0ce80e7deeceeaa21c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 98f94098c106e65f3e7ee51e665efeaa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/03/2011
meet_title: Cheviot HRC - 6 March 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cheviot-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: PRosanowski
meet_pm2: none
name: Cheviot HRC